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Nunez v. Inst. Oakland Ctr.

United States District Court, Eastern District of California
Oct 14, 2022
2:22-cv-01174-TLN-CKD (E.D. Cal. Oct. 14, 2022)

Opinion

2:22-cv-01174-TLN-CKD

10-14-2022

JOSE J. NUNEZ, Petitioner, v. INSTITUTION OAKLAND CENTER, Respondent.


ORDER

TROY L. NUNLEY UNITED STATES DISTRICT JUDGE

Petitioner, a county inmate proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On August 23, 2022, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. (ECF No. 6.) Petitioner has not filed objections to the findings and recommendations.

Although it appears from the file that Petitioner's copy of the findings and recommendations was returned, Petitioner was properly served. It is Petitioner's responsibility to keep the Court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective.

The Court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations filed August 23, 2022 (ECF No. 6) are ADOPTED in full.

2. This action is DISMISSED without prejudice.

3. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.


Summaries of

Nunez v. Inst. Oakland Ctr.

United States District Court, Eastern District of California
Oct 14, 2022
2:22-cv-01174-TLN-CKD (E.D. Cal. Oct. 14, 2022)
Case details for

Nunez v. Inst. Oakland Ctr.

Case Details

Full title:JOSE J. NUNEZ, Petitioner, v. INSTITUTION OAKLAND CENTER, Respondent.

Court:United States District Court, Eastern District of California

Date published: Oct 14, 2022

Citations

2:22-cv-01174-TLN-CKD (E.D. Cal. Oct. 14, 2022)